In proposed amendments to Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York governing the sale of ingestible ‘cannabinoid hemp products,’ New York State’s Department of Health proposes that:
- Brands must state the amount of cannabinoids in the product and the milligrams per serving. The maximum is 25mg cannabinoids “per product” for foods and beverages and 3,000mg per product (which might contain multiple servings) for dietary supplements.
- THC levels – which are capped at 0.3% – must be stated on the label in milligrams on a per serving and per package basis.
- Cannabinoid hemp products should be “displayed separately from other products.”
- All products must have scannable codes linking to a certificate of analysis and are “prohibited from being attractive to consumers under 18 years old.” Products must also make appropriate warnings (not intended for children, may cause users to fail a drug test, etc)
- Cannabinoid hemp processors must have products tested to show they meet limits for cannabinoids, heavy metals, microbial impurities, mycotoxins, residual pesticides, residual solvents and processing chemicals.
- Hemp extract must be transported in a fully enclosed vehicle or container and accompanied by proof of origin and a certificate of analysis.
- Anyone distributing cannabinoid hemp products manufactured out of state, to cannabinoid hemp retailers within the state, must be “permitted by the Department.”
- Cannabidiol or CBD means the naturally occurring phytocannabinoid cannabidiol found in hemp but does not include synthetic cannabidiol.
- Any person extracting or manufacturing cannabinoid hemp in New York State is required to obtain a license from the Dept of Health to be renewed every two years. Applicants must submit evidence of a GMP audit and pay a license fee of $4,500 (for extracting) or $2,000 (for manufacturing). All solvents and methods used for extraction must be approved.
- Any person selling cannabinoid hemp to consumers must obtain an annual license from the Department of Health ($300 for every retail location).
mood33 CEO: ‘We’re absolutely thrilled’
So what do food and beverage brands make of the proposed rules?
Eric Schnell, co-founder and CEO at hemp-infused beverage brand mood33 (it has 33mg CBD) – which is based in New York – told FoodNavigator-USA that he was “thrilled that this has happened so quickly and unexpectedly since FDA hasn’t weighed in yet as so many of us have hoped all year.”
He added: “If the FDA got their act together, as so many of us already operating in the industry had anticipated by now, we’d have a national set of guidelines in place to follow vs a state-by-state approach on how to label and market these products.
“I think what NY state has…